A lot of marriages in the United States end in divorce. This can be a very painful and harrowing experience for both spouses, and it is worse if children are involved. Have you gotten a divorce? If you want your child to stay with you after you have separated from your partner, you should know the steps and requirements of filing for child custody.
Filing the documents for the custody of your child is only the first step in the process, and this alone can drain you of energy. You will need to fill out some forms from the courthouse. The forms can also be downloaded from the website of the city or county where you live. On the custody form, you will have to write your name and the name of the other parent, the location of your child since birth, and other important details. You have to pay close attention to the part of the form that asks you whether you are seeking sole or temporary custody of your child. You have to submit the forms personally at the family court and send them through mail or fax. There are certain fees charged for filing for custody, so be prepared to pay a certain amount.
After you have filed the necessary documents, your case will be decided by the family court. And when the forms have been received by the family court, you have to make sure you attend the scheduled hearing.
You will have to wait weeks or even months before you appear in court. So while you are waiting, plan your strategy to boost your chances of being granted the custody of your child.
A number of parents opt to have a lawyer to represent them during the court hearing. On the other hand, others opt to represent themselves. If you are well-versed about the laws in your state involving custody of a child, then you may choose not to hire a lawyer. On the contrary, you need a lawyer if you are not familiar with the state laws governing your case.
In the hearings, the judge will hear the arguments from both parties. If the decision is not in your favor, you can always make an appeal. If the higher court upholds the decision, accept it and be contented with the visitation rights granted to you.
To sum it up, here are the basic steps you have to follow when filing for custody of your child:
Choose the type of custody you will file for (e.g. sole custody, legal custody, physical custody, etc.) and be prepared to explain your choice.
Come up with a plan for custody and visitation, and try to settle this with your ex-partner.
File the required documents or hire a lawyer to do it for you.
Be present at the court hearings.
Follow the custody order made by the court for arrangements and custody schedules.
The process of getting child custody can be a nerve-wracking experience. But remember, you are doing it for the sake of your child.